Cooperative Law and Taxation

David focuses his cooperative law practice on the unique area of cooperative taxation. He has advised cooperatives on the tax benefits and burdens of operating on a cooperative basis, the nuances of being a taxable cooperative, the requirements of tax exemption under I.R.C. § 501(c)(12), and the impact of Subchapter T. He has been called to answer cooperatives’ questions concerning patronage capital credits allocation, retirement, and management; the 85% Member Income Test; patron/member relations, voting, and democratic control; Form 990 issues; international tax matters; consolidation of subsidiaries; patronage-sourced earnings and losses; and diversification. Finally, he has advised cooperatives on the scope and impact of rules promulgated by state public utility commissions and various federal regulatory bodies.

David started his career as a C.P.A. and auditor for electric and telephone cooperatives and energy-related taxable cooperatives. After attending law school, he worked as an international tax consultant at Deloitte Tax LLP until joining Autry, Hall & Cook, LLP.

David has represented various forms of cooperatives, including

  • agricultural cooperatives
  • broadband and internet cooperatives
  • electric cooperatives (distribution, generation, transmission, and system operation)
  • services and supply cooperatives
  • telephone cooperatives

View David’s posts on AHC’s Cooperative Law Blog.

Publications

Speaking Engagements

  • “The New Tax Law and Your Co-Op,” National Cooperative Business Association, October 3-5, 2018.
  • “Capital Credits and Other Board Legal Issues,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting and RTIME, Feb. 25-26, 2018.
  • “Cooperative Tax: Patronage Determinations,” National Business Cooperative Association’s Professionals Conference, October 4, 2017.
  • Capital Credit Strategies,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
  • Handling Large Gains and Losses,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, August 2017.
  • “Unclaimed Capital Credits and Deposits,” Georgia EMC Accounting Association, Spring 2017.
  • “Cooperative Taxation, Subchapter T, and the IRS,” National Cooperative Business Association, Professionals Conference, September 2016.
  • “Advanced Taxation and Cooperative Finance,” National Cooperative Business Association, Professionals Conference, September 2016.
  • “Capital Credits Best Practices,” Georgia EMC Counsel Association, 2016.
  • “Capital Credits: A Legal Perspective,” National Telecommunications Cooperative Association – The Rural Broadband Association, Annual Meeting, February 2016.
  • “Cooperative Tax Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, Finance and Accounting Conference, 2015.
  • “Cooperative Law and Tax Update,” Georgia EMC Accountants Association, Spring 2014.
  • Cooperative Taxation Update,” National Telecommunications Cooperative Association – The Rural Broadband Association, 2013 Finance and Accounting Conference, Aug. 27, 2013.
  • “Power Purchase Agreement Accounting and Taxation,” Electric Utility Consultants, Inc. Webinar, July 31, 2012.
  • “Cooperative Law Update,” Georgia EMC Accountants Association, Spring 2012.
  • “An Annual Update on Cooperative Taxation,” National Society of Accountants for Cooperatives, March 29, 2012.
  • “Cooperative Law Update,” Georgia EMC Accountants Association, Fall 2011.
  • “Electric Cooperative Capital Credits Litigation,” The 23rd Annual Georgia Electric Membership Corporation Counsel Association Annual Meeting, June 2011.
  • “The Basics of Capital Credits,” Various Electric Cooperatives, 2010.
  • “Capital Credits and Equity Management,” Georgia Electric Membership Corporation Accountants Association, October 21-22, 2010.